general TErms & Conditions
gimbrere advocaten b.v.
general terms and conditions gimbrere advocaten b.v.
These general terms and conditions apply to all legal services provided by Gimbrere Advocaten B.V. Our aim is transparency and legal certainty for our clients. For any questions about our terms and conditions, please contact us at info@gimbrerelegal.com or call +31765140505.
Article 1: Definitions
Gimbrere Advocaten
The private limited liability company registered with the Dutch Chamber of Commerce under number 67567177 and VAT number NL857118444B01.Gimbrere
The private limited liability company registered with the Dutch Chamber of Commerce under number 86275992 and VAT number NL863917495B01.Gimbrere Legal
The trade name used by, among others, Gimbrere Advocaten. The Engagement Agreement is always concluded with a private limited liability company and never with the trade name. Please ensure you verify with which entity the agreement is concluded.Client
Any natural person or legal entity who, for any reason and in the course of their profession or business, enters into an agreement with Gimbrere Advocaten.General Terms and Conditions
These present terms and conditions under which Gimbrere Advocaten shall carry out its work.Engagement Agreement
The written confirmation of the arrangements between the Parties regarding the services of Gimbrere Advocaten for the Client. The Engagement Agreement will specify with which entity the agreement is concluded.Parties
On the one hand the Client, and on the other hand Gimbrere Advocaten.
Article 2: Contact Details
Netherlands:
Amsterdam: Grote Bickersstraat 74-78, 1013 KS Amsterdam, +31 (0)20 201 49 25, amsterdam@gimbrerelegal.com
Breda: Stationslaan 220, 4815 GW Breda, +31 (0)76 514 05 05, breda@gimbrerelegal.com
The Hague: Zuid Hollandlaan 7, 2596 AL The Hague, +31 (0)70 701 37 80, denhaag@gimbrerelegal.com
Article 3: Engagement Agreement
The Engagement Agreement shall state in writing whether the Client is entering into an agreement with Gimbrere Advocaten or with another legal entity. An agreement shall never be entered into simultaneously with multiple parties unless this is explicitly recorded in writing. Without explicit confirmation, no agreement shall arise with any entity not mentioned in the Engagement Agreement. The Engagement Agreement is a best-efforts obligation and never a results-based obligation unless agreed upon otherwise in writing. No specific result is guaranteed.
The mere fact that employees of another entity perform (supporting) work under the Engagement Agreement does not establish an Engagement Agreement with such entity.
All work relating to Dutch law shall only be carried out by Gimbrere Advocaten. Gimbrere Advocaten will never provide legal advice under Spanish, Uruguayan, or Italian law. The working language of Gimbrere Advocaten is Dutch or English.
Article 4: Applicability
These General Terms and Conditions apply to all work arising from the Engagement Agreement. This also applies to follow-up assignments and the phase preceding the Engagement Agreement.
These General Terms and Conditions apply not only to work performed by employees of Gimbrere Advocaten but also to work performed by lawyers who are affiliated with Gimbrere Advocaten as independent practitioners.
Deviations from agreed terms must always be in writing.
The Client’s general terms and conditions are not applicable to the Engagement Agreement.
Gimbrere Advocaten may amend or supplement these General Terms and Conditions at any time for future work.
Article 5: Fees, Costs, Advance Payments, and Payment
Gimbrere Advocaten invoices monthly on the basis of a standard hourly rate in units of 6 minutes. Time spent is rounded up to units of 6 minutes. If the standard hourly rate is deviated from, this will be confirmed in writing. Clients should be aware that each case is unique, and it is reasonably not always possible for Gimbrere Advocaten to indicate in advance how many hours will be required. As a general indication: out-of-court proceedings may take between 0 and 20 hours; standard court proceedings (summons, statement of defense, hearing, judgment) between 20 and 40 hours; cases involving both negotiation and litigation between 40 and 60 hours. These figures are indicative only. Actual hours may vary depending on contact frequency with the Client, negotiations, complexity of opposing party’s documents, and how well-prepared the Client’s documentation is.
Court fees, bailiff costs, postage, travel, and accommodation expenses are charged in addition to Gimbrere Advocaten’s hourly rate. Travel costs are charged at €0.39 per kilometer, excluding VAT, from postal code 4815 GW Breda.
Rates stated in the Engagement Agreement or quotations are exclusive of VAT unless otherwise stated. Rates are indexed annually on 1 January in accordance with the inflation factor published by the CBS (Central Bureau of Statistics).
In some cases, the Client may be eligible for subsidized legal aid. Eligibility depends on both the case content and the Client’s income level. Gimbrere Advocaten will discuss this with the Client, but it is ultimately the Client’s responsibility to apply. If agreed that the Client does not claim such aid, the agreed fees will be charged.
If legal aid is revoked by the Legal Aid Board after the fact, the Client will owe fees retroactively at the regular hourly rate of €250–€300 excl. VAT.
All agreements between Gimbrere Advocaten and the Client are confirmed in writing. If incorrectly recorded, the Client must notify within 5 working days.
In many cases, Gimbrere Advocaten requires an advance payment before commencing work.
Work is invoiced by Gimbrere B.V. Payment must be made to Gimbrere B.V., IBAN NL17 RABO 0197 9750 03, BIC RABONL2U. This does not make Gimbrere B.V. party to the Engagement Agreement.
Gimbrere Advocaten’s claim is assigned to Gimbrere B.V. for invoicing and collection.
Litigation carries risks. Gimbrere Advocaten cannot guarantee any outcome. The losing party often pays a portion of legal costs, but not necessarily all. Any positive difference in recovered costs benefits Gimbrere Advocaten.
Article 6: Suspension, Termination, and Cancellation
Gimbrere Advocaten may suspend services for reasons such as unpaid invoices.
Gimbrere Advocaten may terminate the Engagement Agreement immediately, after consultation with the Bar Association Dean, if it can no longer execute services satisfactorily.
Gimbrere Advocaten may refuse assignments without giving reasons.
If the Client terminates the agreement, the Client owes payment for services rendered.
In case of liquidation, insolvency, or financial difficulties of the Client, Gimbrere Advocaten may terminate immediately.
If the Client transfers the file to another lawyer upon termination, Gimbrere Advocaten is not obliged to cooperate unless invoices are paid in full.
Article 7: Payment Terms, Default, and Collection Costs
Depending on the invoice type, payment terms are 3, 7, or 14 days.
In case of non-payment, statutory or commercial interest will apply from the due date. Debt collection costs will be charged according to applicable law.
Gimbrere Advocaten may offset debts to the Client. The reverse does not apply.
If a payment arrangement is not observed, the entire debt becomes immediately due.
Article 8: Complaints
Complaints must be submitted within 1 year by email to info@gimbrerelegal.com. Submitting a complaint does not suspend payment obligations.
Late complaints forfeit the right to compensation.
Complaints are handled confidentially by the responsible lawyer and complaints officer within 4 weeks, according to internal procedures.
Article 9: Liability
Gimbrere Advocaten is insured in accordance with Dutch Bar regulations.
Gimbrere Advocaten is not liable for damages resulting from incorrect or incomplete information provided by the Client.
Liability is limited to the amount paid by the insurer, plus deductible, up to €1,000,000. If no coverage applies, liability is limited to the fees paid in the past 5 years.
Liability is limited to direct damages; legal costs are expressly excluded.
Gimbrere Advocaten is not liable for indirect damages or claims from third parties.
If the Client has insurance coverage for the damages, Gimbrere Advocaten owes no compensation.
Employees are not personally liable.
Clients must submit documents digitally. Gimbrere Advocaten does not maintain physical archives.
Article 10: Retention Period
Files are kept digitally for 5 years; financial records for 7 years. Original physical documents will be returned upon written request.
Article 11: Personal Data
By entering into the Engagement Agreement, the Client consents to the processing of personal data as necessary for legal and administrative purposes.
Gimbrere Advocaten handles data in accordance with GDPR.
Data is exchanged electronically; absolute security cannot be guaranteed.
Data may be used for fraud prevention.
Personal data includes identification, address, contact details, and payment information.
Data may be shared with third parties like courts or bailiffs when necessary for handling the case.
Data is not kept longer than necessary.
Clients may be asked to provide identification. Such data is not stored after verification.
Clients may request access, correction, or deletion of their data via info@gimbrerelegal.com.
Article 12: Governing Law and Jurisdiction
Dutch law exclusively applies. The Vienna Sales Convention is excluded.
Disputes shall be submitted to the competent court in The Hague, Netherlands. For consumers, their local district court is also competent. Clients may also use Gimbrere Advocaten’s internal complaints procedure.
